Bhola Kumar Prajapati v. State Of West Bengal And ORS.

Ct. 05 Item No.05 08.02.2022 (suvendu) WPA 20011 of 2021 [Via Video Conference] Sri Bhola Kumar Prajapati Vs.

The State of West Bengal & Ors.

Mr. Chittapriya Ghosh Ms. Komal Singh .......for the petitioner Mr. Swapan Kumar Dutta Mr. Pradyot Kumar Das .........for the State Mr. Santanu Kumar Mitra Ms. Madhuri Das Mr. A.Pal ..........for the WBCHSE Mr. Tapan Kumar Mukherjee Ms. Saheli Mukherjee ........for the respondent no.2 The writ petitioner prays for a direction on the West Bengal State Council of Technical and Vocational Education and Skill Development to issue the Registration Certificate in favour of the petitioner as a regular student of the concerned Polytechnic College.

Learned counsel appearing for the petitioner submits that the petitioner has given his Senior Secondary Examination (Class XII) from a School under the Board of School and Technical Education,

Chhattisgarh which is equivalent to the Higher Secondary Examination in West Bengal.

This contention is denied on behalf of the West Bengal Council of Higher Secondary Education who relies on a Notification dated 11th October, 2006 which explains the concept of equivalent examination and contains a schedule of Higher Secondary Boards of different States which are considered as equivalent to the West Bengal Council of Higher Secondary Education.

Upon perusing documents, it appears that the President of the West Bengal Council of Higher Secondary Education wrote a letter to the Secretary of the Board of School and Technical Education, Bilaspur, Chhattisgarh on 7th August, 2013 stating that Chhattisgarh Board shall be considered to be equivalent if English is a compulsory language paper in Classes X and XII.

Since it appears from paragraph 19 of the writ petition that the petitioner passed his Senior Secondary Examination (Class XII) from a School under the Board of School and Technical Education, Chhattisgarh with English language as a compulsory paper, the concerned respondents should consider the case of the petitioner in terms of the letter dated 7th August, 2013 as well as the Regulations of the Council of 2006. The respondent nos. 2 to 5 shall

consider the case of the petitioner upon treating the writ petition as a representation and dispose of the same by way of a reasoned order within six weeks from date. In passing the order, the concerned respondents shall take into account the registration process which is due to start at the end of February, 2022. The reasoned order shall be made available to the petitioner within a week from the date on which such reasoned order is passed.

WPA 20011 of 2021 is disposed of in terms of the above.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)